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2008 Supreme(P&H) 841

RAJESH BINDAL
Amir Chand – Appellant
Versus
Prem Chand – Respondent


Judgment

Rajesh Bindal, J.

1. Prayer in the present petition is for quashing of criminal complaint under Sections 420/406/120B IPC and all proceedings subsequent thereto initiated by the respondent against the petitioners.

2. Briefly, the facts are that the respondent filed a complaint against the petitioners on 10.01.2005. The allegations in the complaint are that the petitioners had agreed to sell their land measuring 11 kanals 0 marla comprised in Khewat No.17 Khatauni No. 21 situated in the revenue estate of Village Mehmadpur, Tehsil Jagadhri, District Yamuna Nagar vide agreement to sell dated 15.1.2002 for a total consideration of Rs. 3,25,000/-. It is further alleged that as the parties were relatives, the agreement to sell was not reduced into writing. A sum of Rs. 1,84,000/- was paid as earnest money on various dates upto 7.5.2002. The last date for execution of sale deed was fixed as 31.5.2002. However, inspite of request by the respondent/complainant, the petitioners refused to get the sale deed executed on 31.5.2002 and in fact thereafter, the land was sold to some other person. The complaint was filed on 10.1.2005 with, the allegation that neither the sale deed was got r






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